SF 1942

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; limiting water use permitting fees for aquaculture to no
more than $750 per year; amending Minnesota Statutes 2006, section 103G.271,
subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 103G.271, subdivision 6, is amended to
read:

Subd. 6.

Water use permit processing fee.

(a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. The schedule is as follows, with the stated fee in each clause
applied to the total amount appropriated:

(1) $101 for amounts not exceeding 50,000,000 gallons per year;

(2) $3 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less
than 100,000,000 gallons per year;

(3) $3.50 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but
less than 150,000,000 gallons per year;

(4) $4 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less
than 200,000,000 gallons per year;

(5) $4.50 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but
less than 250,000,000 gallons per year;

(6) $5 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less
than 300,000,000 gallons per year;

(7) $5.50 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but
less than 350,000,000 gallons per year;

(8) $6 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less
than 400,000,000 gallons per year;

(9) $6.50 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but
less than 450,000,000 gallons per year;

(10) $7 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and

(11) $7.50 per 1,000,000 gallons for amounts greater than 500,000,000 gallons
per year.

(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:

(1) for nonprofit corporations and school districts, $150 per 1,000,000 gallons; and

(2) for all other users, $300 per 1,000,000 gallons.

(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is $100.

(d) For water use processing fees other than once-through cooling systems:

(1) the fee for a city of the first class may not exceed $250,000 per year;

(2) the fee for other entities for any permitted use may not exceed:

(i) $50,000 per year for an entity holding three or fewer permits;

(ii) $75,000 per year for an entity holding four or five permits;

(iii) $250,000 per year for an entity holding more than five permits;

(3) the deleted text begin fee deleted text end new text begin fees new text end for agricultural irrigation new text begin and aquaculture new text end may not exceed $750
per year;

(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and

(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.

(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.

(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:

(1) there is no appropriation of water under the permit; or

(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.

(g) A surcharge of $20 per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of June,
July, and August that exceeds the volume of water used in January for municipal water
use, irrigation of golf courses, and landscape irrigation. The surcharge for municipalities
with more than one permit shall be determined based on the total appropriations from all
permits that supply a common distribution system.